Orange County Boy Arrested for Assault with Deadly Weapon and Criminal Threats

May 4, 2011

Placentia, Orange County - A 14-year-old boy was arrested Sunday evening after threatening to kill his neighbors with a knife and shooting a BB gun at a girl, according to Placentia Police.

The incident began when the 14-year-old suspect, who has not been identified, began arguing with his two neighbors at the apartment complex where they live. It's unclear what the argument was over.

During the argument police say that is when the suspect pulled out the knife and threatened to kill the two men.

The girl who was shot with the BB gun just happened to be walking by and apparently had no connection to the incident when the suspect began yelling at her and was shot in the chest, but the BB pellet didn't break the skin, according to Placentia Police.

The girl was treated by paramedics and released at the scene.

While it remains unclear what charges the suspect will face Orange County criminal defense attorney Michael L. Guisti says it's possible the Orange County District Attorney may file assault with a deadly weapon charge along with possible charges of making criminal threats.

One Santa Ana Assault with deadly weapon defense attorney says even though it was a BB gun used it's quite possible the suspect could be charged with Penal Code 245(a)(1), assault with a deadly weapon.

Assault with a deadly weapon is a "wobbler" and can either be charged as a misdemeanor or felony depending on the circumstances of your case and criminal history, according to Santa Ana felony crime defense attorney Michael L. Guisti.

As one Newport Beach criminal defense lawyer says, facing assault with a deadly weapon is not the suspect's only problem as there is the potential for criminal threat charges.

By allegedly pulling a knife and threatening the two men the suspect invited the Orange County District Attorney to potentially press for PC 422 charges, criminal threats, according to Orange County criminal defense lawyer Michael L. Guisti.

If convicted of making threats under PC 422 the suspect faces one year in Orange County jail, or a fine up to $5,000, or by both jail time and fine.

With these serious charges in mind it's important the suspect's family contact an Orange County criminal defense lawyer right away before the Orange County District Attorney formally files charges. The defense attorney can work with the DA before charges are filed to reduce charges and possibly work out a plea deal that can be no more than community service and probation.

If you're facing assault with a deadly weapon or criminal threat charges call the Law Offices of Michael L. Guisti right away at 714-530-9690.